Minutes of the regular meeting of the Legislative Council held on Wednesday, June 18, 2008 in the Meeting Room of the C. H. Booth Library, 25 Main Street, Newtown, CT. Chairman Rodgers called the meeting to order at 7:45 p.m.
PRESENT: William Rodgers, Francis Pennarola, Daniel Amaral, John Aurelia, Jan Brookes, Jeffrey Capeci, Gary Davis, Joseph Hemingway, Patricia Llodra, Christopher Lyddy, Po Murray. ABSENT: Joseph DiCandido. ALSO PRESENT: First Selectman Joseph Borst, Selectman Paul Mangiafico, fourteen members of public, one member of press.
VOTER PARTICIPATION. None noted.
MINUTES of May 21, 2008 were unanimously accepted as presented upon motion of Mr. Capeci. Minutes of June 5, 2008 – Ms. Murray questioned whether the statement that “This also resulted in unnecessary work by Attorney Grogins and also resulted in an expense to the Town in that it was paid for out of Attorney Grogins retainer” was correct. Mr. Rodgers said that it was in that this money could have been spent on something else. Also on page 2 Mr. Rodgers noted that “was” should be “wage.” Also Mr. Rodgers requested that “Public Building does not have the power to opine on the project” be deleted and “Public Building does not make decisions of the cost effectiveness of the project.” Upon motion of Mr. Capeci, the minutes of June 5,
2008 were unanimously accepted as amended.
COMMUNICATIONS. Mr. Rodgers distributed a communication from himself to the members of the Legislative Council concerning “Procedure when Communicating with Others and Identifying Oneself as a Member of the Council.” (Attachment A to original minutes.)
Mr. Rodgers received a communication from Selectman Mangiafico concerning Charter Communication’s program to provide information on internet usage by Charter ISP customers to a company who will distribute the information. Mr. Mangiafico requested that the Legislative Council promote a resolution of dismay. Mr. Rodgers invited voter participation concerning the Charter proposal. Mr. Lyddy asked that the Legislative Council look at ways to send their disapproval to Charter and request that a Charter representative come to the Legislative Council and explain this program.
Matt Petrillo, 13 Gelding Hill Road, said that the U.S. Commerce Commission is planning to meet concerning consumer protection and privacy issues. He noted that you cannot opt out of the data collection as Mr. Mangiafico had noted in his communication.
Paul Mangiafico, 15 Kent Road, said that what Charter doing is atrocious and is an invasion of privacy. He noted that you can opt out of getting people to contact you but that they still will collect data on you. He is looking for a statement of disapproval from the Legislative Council and the Board of Selectmen. Mr. Rodgers asked Mr. Mangiafico if the Board of Selectmen is planning to issue a statement before the Legislative Council meets with a Charter representative. Mr. Rodgers suggested a joint meeting between the Legislative Council and the Board of Selectmen prior to the issuance of a statement. Mr. Mangiafico and Mr. Borst agreed. Mr. Lyddy will contact Charter Communication and will coordinate with Mr. Rodgers. Mr. Borst will determine if the Town uses Charter internet. Ms. Brookes and Ms. Llodra
stated that the Board of Education uses Charter. It was noted that perhaps Charter started this program as of June 1. Mr. Petrillo said that Charter implemented the program this month but he does not know when. The Communications Subcommittee will collaborate with Mr. Lyddy to draft a letter stating that the Town of Newtown does not want to continue with this program until we have met with Charter. Newtown is one of four towns nationwide in which Charter is implementing this program. Mr. Lyddy will contact the other three towns to see if they are familiar with the ins and outs of the program. Mr. Lyddy asked if it would be appropriate for the Public Relations Committee to meet with Attorney General Blumenthal. Mr. Rodgers stated that a meeting solely to discuss Mr. Blumenthal’s position would be appropriate but not to put forth a position of the Legislative Council.
Mr. Rodgers received a communication from Attorney General Blumenthal concerning that his investigation into the credit rating agencies and inequities to states and municipalities (Attachment B to original minutes). Mr. Blumenthal has written to the SEC requesting that municipalities be rated using the criteria akin to private corporations.
Ms. Brookes and Mr. Capeci received calls from constituents concerning stoppage of tree cutting work on Shepard Hill Road because the Town is in litigation. Mr. Capeci noted that a party is suing the Town to have this work stopped. Mr. Borst reported that the road needs to be widened and that a person is suing because he says that the trees belong to him.
Mrs. Llodra advised that the High School Expansion Project will be delayed. Bids will go out June 24 and are due back on July 22; it will then take one to two weeks to interview bidders. Site work will begin in mid August. There was a delay issue with the construction manager who wanted more time to review the details of the bid in order to avoid change orders. Mrs. Llodra said that it is hoped that this four week delay can be made up during the process because of fewer change orders. Mr. Borst asked if radon is an issue; Mrs. Llodra does not know.
COMMITTEE REPORTS
Ordinance met tonight and discussed a traffic calming. Discussions will continue at another meeting and the Committee expects to schedule a public hearing after that.
FIRST SELECTMAN’S REPORT. Mr. Borst reported that the Board of Selectmen approved $3.5 million for Peter D’Amico to do permanent parking and take down Greenwich Hall by a change in his lease at paragraph 1.A.(2).
He noted that the Public Building and Site Commission and the Board of Selectmen held a joint meeting with Tai Soo Kim and O&G to review the second issue of drawings and specs for the proposed Town Hall. The Town and Board of Ed IT personnel gave a list of questions and concerns to the architect.
Mrs. Llodra stated that as of January 1, 2008 the State Legislature passed a bill stating that a public hearing is required for lease agreements. She asked Mr. Borst if this applies only to the origin of the lease and not to a substantive change in the lease. Mr. Borst said that he was not aware of this requirement. Mr. Rodgers said that there were public hearings last fall prior to the Board of Selectmen’s approval of the leases. Mr. Borst will research whether a hearing is required for this lease change. Mr. Borst said that there are funds to pay for the first year of the lease changes and that Mr. D’Amico will be reimbursed from future operational budgets of the Town. There is a non-appropriation clause in the lease stating that the Town of Newtown will need to approve these payments in the
future.
Mr. Borst said that the Town will do the infrastructure for the trenches and that Public Works will document this so that it becomes part of the cost of the project. Ms. Murray questioned if the lease deal amendment meets Section 6-90 of the Charter. She read “(g) No officer or department of the Town shall expend or vote to incur any liability or expense by contract or otherwise, or enter into any contract, which would obligate the Town to
expend in excess of an approved departmental line item appropriation. For the purpose of this Charter, a line item means any expenditure for the current fiscal year to which the Board of Finance has assigned an appropriation account number.” Mr. Rodgers said that this is not an issue because in future fiscal years there will be a non-appropriation clause that the town must approve and that is a risk that the developer takes. Ms. Murray feels that there is a liability in
the non-appropriation clause. Mr. Rodgers said there is a risk to the buyer with a non-appropriation clause. Ms. Murray asked Mr. Borst if he investigated whether the Town could borrow for 20 years at 4.5%. Mr. Borst said yes, and that we are looking into procedures to get a reduction in the interest rate for any appropriation but that he was not at liberty to discuss this further. Mr. Rodgers noted that paying off Mr. D’Amico early was discussed at a Board of Selectmen’s meeting
Mr. Aurelia said that his constituents want to know if Mr. Borst supports the Town Hall project and the Fairfield Hills Authority. Mr. Borst said that we are moving the Town Hall forward as fast as we can and he did nothing to hinder the job. Mr. Aurelia asked Mr. Borst why he requested a report on Fairfield Hills from a citizen. Mr. Borst said that anyone can ask for assistance if the person can give the benefit of his expertise. Mr. Aurelia asked does this mean that O&G and the Fairfield Hills Authority do not have enough expertise? Mr. Borst said that this report was to satisfy his own concerns. Ms. Murray stated that Roberts Rules say that Commission members should be courteous to each other and should not question the motives of others, such as Mr. Borst. Mr. Rodgers noted that Roberts Rules apply to Unfinished
and New Business and do not apply to a standing agenda item such as the First Selectman’s report. He noted that the Legislative Council can respond to the First Selectman’s report.
UNFINISHED BUSINESS.
Presentation by the Ad Hoc Long Range Strategic Planning Committee. Ms. Fetchick distributed “Charge to Ad Hoc Strategic Long Range Planning Committee” (Attachment C to original minutes) and a report concerning the Town of Newtown Departments’ future plans (Attachment D to original minutes). She explained that the initial charge to the Committee was to decide whether a long range strategic plan was feasible and the second charge was how to create such a plan. She noted that a strategic long range plan considers resources, personnel, time and finances and who is responsible for the plan and that a long range plan does not take these into account. She said that the Board of Selectmen did not give the Committee any renewed instructions and that she felt that the Board of
Selectmen is waiting for feedback from the Legislative Council. She said that the Committee recommends utilizing a facilitator to keep the process moving. Mr. Borst said that the Board of Selectmen wants to see Planimetrics’ final report. Mrs. Llodra noted that a strategic long range plan is process dependent and that Planimetrics’ report will only be data.
Ms. Fetchick said that we need to find out what the vision for Newtown is for the next 10-20 years and also that we should break the town into different planning areas and determine a mission for each area. Mrs. Llodra noted that Planimetrics was asked to craft an image of what this community will look like by 2030. She said that the Ad Hoc Build Out Committee will bring a report back to the Legislative Council probably in two weeks. Ms. Fetchick said that the Long Range Planning Committee focused on Cheshire and Farmington, but did not focus on a regional plan. Ms. Fetchick said that she would be willing to help bring a new group to the next step in the process.
Discussion concerning budget and Capital Improvement Plan processes. Mr. Rodgers asked Council members for their opinions of the role of the Legislative Council minor committees during this past budget process. Mr. Amaral suggested that Council members attend Board of Selectmen’s meetings when the Town departments and Board of Education present their budgets. Mr. Capeci and Mr. Pennarola felt that the meetings of the subcommittees were helpful. Ms. Murray said that when the subcommittees met with the Finance Committee to make their recommendations she still had questions of the departments. Mr. Rodgers noted that we could accelerate the process with the subcommittees and also that subcommittees should defer to the other committees’ recommendations. Mr. Lyddy said that the municipal
budget was not as clear as the Board of Education’s, which flowed very well. Mrs. Llodra agreed and said that the municipal budget was difficult to understand. Ms. Brookes felt that the subcommittees were helpful to the process. Mr. Davis feels that we need more level of detail in the CIP. Mr. Lyddy would like the subcommittees to be more involved with the departments throughout the year. Ms. Murray would like the same guidelines and protocols for all departments. Mr. Rodgers reminded that the Board of Finance is the lead for the CIP. Mr. Rodgers will draft a letter to be sent to the Boards of Selectmen and Finance concerning the budget process. He asked that when the item concerning the CIP Process appears on a future agenda, that the Council members review the CIP regulation.
Discussion concerning expenses for maintenance of municipal and school facilities. Mrs. Llodra said that the Board of Education had three informal discussions over twenty years about having one person in charge of municipal and school maintenance but felt that there was no merit in pursuing this. She said that Schools Director of Business Ron Bienkowski said that he and Schools Director of Grounds and Maintenance Gino Faiella are willing to participate in such discussions. Mr. Borst said that there is interest in the Town side in coming up with some system other than the present one and he is in favor also. Mr. Rodgers asked if there is not a case study – don’t the Board of Education and Parks and Recreation combine efforts? Mrs. Llodra said that there is an understanding between the two groups but not formal documentation. This item will be carried forward on the agenda.
Discussion concerning activities of Legislative Council subcommittees. Mr. Davis asked how does a Legislative Council subcommittee take on a project perhaps with a town department. Mr. Rodgers said that this should be done through the full Council except during budget time concerning budget items and that the subcommittees may meet during the budget offseason. They should come back to the full Council to get permission to deal with the rest of the Town but may deal with other elected officials.
Discussion and Possible Action: Creation of a task force concerning Fairfield Hills. Mr. Davis said that he feels we are not getting the level of information concerning Fairfield Hills that we need. He is willing to reconsider his suggestion of creating a task force if the Legislative Council is not in favor of this. He would then ask Mr. Borst to come back every couple of weeks to report to the Council concerning: how much money is left in Fairfield Hills accounts, information on grants for Fairfield Hills and key happenings at Fairfield Hills that may affect costs. He said that people are going to come back and start asking for more money for Fairfield Hills and we would be well prepared to report to the public with this information. Ms. Murray said that it is still challenging to find
information. She had asked for a copy of the D’Amico lease revision which she did not receive and had to go to the Town Hall for it. She expected to receive more information about Fairfield Hills as a Legislative Council member than she does. She thinks that people expect us to provide some oversight. She said that she realizes we don’t have oversight but people expect us to have oversight. Mr. Rodgers noted that the Fairfield Hills Authority reports to the Board of Selectmen who have the oversight and he suggested that people be told that it is incumbent that they go to the Board of Selectmen for information. Ms. Llodra feels that there is a dividing line concerning responsibilities between these agencies and that as a Legislative Council member she does not want to take on the responsibilities of others. She said that if we invest in a process that we do not belong in it dilutes responsibility. Ms. Murray asked the Legislative Council members if they are happy with
the current structure of oversight that we have provided to the Board of Selectmen? Mr. Rodgers responded that two of the twelve members are not satisfied but that ten of the twelve members are. Mr. Davis said that if it is OK he will go directly to the First Selectman to request information on Fairfield Hills concerning how much money is left, grant information and key things that are happening. Mr. Rodgers said that it is appropriate to deal with other elected officials as long as you do not indicate that you represent the Legislative Council. Mr. Borst noted that Fairfield Hills Authority member John Reed said that the Authority should only be responsible for the operating budget and that the Financial Director should handle the grants. Mr. Borst said that Mr. Tait is on board with this and plans to separate out the Fairfield Hills job and make it more transparent.
Mr. Davis withdrew his request to create a task force concerning Fairfield Hills. The First Selectman’s report will be as usual each meeting.
NEW BUSINESS. None noted.
VOTER PARTICIPATION. None noted.
ANNOUNCEMENTS. Mr. Hemingway noted that he was not present at the May 21 meeting; the minutes will be so amended.
EXECUTIVE SESSION. None noted.
ADJOURNMENT. The meeting adjourned at 10:12 p.m.
Ann M. Mazur, Clerk
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